Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cv-01416-W-RBB

Document 10

Filed 08/27/2008

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BLUMENTHAL & NORDREHAUG Norman B. Blumenthal (State Bar #068687) Kyle R. Nordrehaug (State Bar #205975) Aparajit Bhowmik (State Bar #248066) 2255 Calle Clara La Jolla, CA 92037 Telephone: (858)551-1223 Facsimile: (858) 551-1232 UNITED EMPLOYEES LAW GROUP Walter Haines (State Bar #71705) 65 Pine Ave, #312 Long Beach, CA 90802 Telephone: (562) 256-1047 Facsimile: (562) 256-1006 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT 12 SOUTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
NOTICE OF REQUEST AND REQUEST FOR TELEPHONIC APPEARANCE BEHALF OF PLAINTIFF JOHN SONES

JOHN SONES, on behalf of himself, and on behalf of all persons similarly situated, Plaintiffs, vs. DOWNEY SAVINGS AND LOAN ASSN., F.A.; and Does 1 to 10,

Case No.: 08cv1416 W (RBB) NOTICE OF REQUEST AND REQUEST FOR TELEPHONIC APPEARANCE ON BEHALF OF JOHN SONES

Judge: Magistrate: Defendants.

Hon. Thomas J. Whelan Hon. Ruben B. Brooks

08 cv 1416 W (RBB)

Case 3:08-cv-01416-W-RBB

Document 10

Filed 08/27/2008

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Plaintiff John Sones, by and through his counsel of record, hereby requests that he be permitted to attend the Early Neutral Evaluation Conference ("ENE Conference") by telephone. Mr. Sones lives and is currently seeking employment in Santa Rosa, California. As a result, he is unable to attend the early neutral evaluation conference on September 5, 2008. Plaintiff's counsel, however, will appear in person and will ensure that Mr. Sones is available telephonically. In addition, the nature of this case as a class action on behalf of a class of employees further supports Plaintiff's request. Mr. Sones, while able to discuss the facts and resolution of his particular case, does not have authority to settle on behalf of the Class. A class settlement will have to be negotiated by and through Class Counsel and will then have to be approved by the Court. As a result, the in person attendance of Plaintiff's counsel still enables the parties and the Court to discuss settlement of the class action. The claims by Mr. Mr. Sones can be settled only in a class-wide settlement, and only on the same terms as every other member of the Class. For these reasons, and because attendance at the hearing on September 5, 2008 would result in a severe economic hardship with respect to Mr. Sones' active search for new employment, Plaintiff respectfully requests that Mr. Sones be permitted to appear telephonically as needed. Respectfully submitted,

Dated: August 27, 2008

BLUMENTHAL & NORDREHAUG By: __s/Aparajit Bhowmik_______ Aparajit Bhowmik, Esq. Attorneys for Plaintiff

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UNITED EMPLOYEES LAW GROUP Walter Haines, Esq. 65 Pine Ave, #312 Long Beach, CA 90802 Telephone: (562) 256-1047 Facsimile: (562) 256-1006 2
NOTICE OF REQUEST AND REQUEST FOR TELEPHONIC APPEARANCE BEHALF OF PLAINTIFF JOHN SONES

08 cv 1416 W (RBB)

Case 3:08-cv-01416-W-RBB

Document 10

Filed 08/27/2008

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CERTIFICATE OF SERVICE [F.R.C.P. §5] I am a citizen of the United States and a resident of the State of California. I am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La Jolla, California 92037. On August 8, 2008, I served the document(s) described as below in the manner set forth below: (1) NOTICE OF REQUEST AND REQUEST FOR TELEPHONIC APPEARANCE BY PLAINTIFF JOHN SONES

_XX_ (BY ELECTRONIC SERVICE): I caused the listed documents to be electronically filed 8 through the CM/ECF system at the United States District Court for the Southern District of 9 California which generates a Notice of Electronic Filing to all parties and constitutes service 10 of the electronically filed documents on all parties for purposes of the Federal Rules of Civil 11 Procedure. 12 _XX_ (Federal): I declare that I am employed in the office of a member of the bar of this Court at 13 whose direction the service was made, and that the foregoing is true and correct under 14 penalty of perjury. 15 16 I declare under penalty of perjury under the laws of the State of California that the foregoing 17 is true and correct. Executed on August 27, 2008 at San Diego, California. 18 19 By: 20 21 22 23 24 25 26 27 28 3
NOTICE OF REQUEST AND REQUEST FOR TELEPHONIC APPEARANCE BEHALF OF PLAINTIFF JOHN SONES

s/Aparajit Bhowmik Aparajit Bhowmik

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08 cv 1416 W (RBB)